Bill Text: NY A09070 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Authorizes certain restaurants to sell sealed bottles of private label wine for off-premises consumption with the purchase of a substantial food item.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-06 - referred to economic development [A09070 Detail]

Download: New_York-2023-A09070-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9070

                   IN ASSEMBLY

                                    February 6, 2024
                                       ___________

        Introduced by M. of A. STIRPE -- read once and referred to the Committee
          on Economic Development

        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          private label wine

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 3 of the alcoholic beverage control law is amended
     2  by adding a new subdivision 23-a to read as follows:
     3    23-a. "Private label" means an alcoholic beverage with a brand name or
     4  trade name label that is exclusively owned by a  licensed  retailer,  or
     5  owned  by  an  entity that has granted a retailer the legal right to use
     6  such brand name or trade name, and such alcoholic beverage  is  sold  at
     7  retail within the state exclusively by such retailer; provided, however,
     8  that  private label wine may also be sold by licensees that are commonly
     9  owned affiliates of such retailer.
    10    § 2. Paragraph (c) of subdivision 3 of section 101-b of the  alcoholic
    11  beverage  control law, as amended by chapter 531 of the laws of 1964, is
    12  amended to read as follows:
    13    (c) Provided however, nothing contained in this section shall  require
    14  any manufacturer or wholesaler to list any private label in any schedule
    15  to  be  filed  pursuant  to this section [any item offered for sale to a
    16  retailer under a brand which is owned exclusively by  one  retailer  and
    17  sold at retail within the state exclusively by such retailer].
    18    §  3.  Subdivision  3 of section 106 of the alcoholic beverage control
    19  law, as amended by chapter 297 of the laws of 2016, is amended  to  read
    20  as follows:
    21    3.  No retail licensee for on-premises consumption shall sell, deliver
    22  or give away, or cause or permit or procure to  be  sold,  delivered  or
    23  given  away  any  liquors  and/or wines for consumption off the premises
    24  where sold; provided, however, notwithstanding any law to the  contrary,
    25  a  restaurant  licensed  to sell wine under this chapter may sell sealed
    26  bottles of private label wine  for  off-premises  consumption  with  the
    27  purchase of a substantial food item.  The provisions of this subdivision
    28  shall  not  prohibit  a  licensed  winery or farm winery from allowing a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11655-01-3
        A. 9070                             2

     1  patron to leave the winery or farm  winery  with  a  partially  consumed
     2  bottle  of  wine  provided  that  the  removal  of the bottle is done in
     3  accordance with subdivision four of section eighty-one of this chapter.
     4    § 4. This act shall take effect immediately.